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Prescott v. County of Stanislaus

November 4, 2010

RACHEL PRESCOTT, ET AL., PLAINTIFFS,
v.
COUNTY OF STANISLAUS, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

SCHEDULING CONFERENCE ORDER

Discovery Cut-Off: 10/01/2011

Non-Dispositive Motion

Filing Deadline: 10/14/2011

Non-Dispositive Motion 9:00

Bakersfield Hearing Date: 11/18/2011

Deadline: 11/14/2011

Dispositive Motion Filing

Dispositive Motion Hearing Date: 12/12/2011 10:00 Ctrm. 3

Bakersfield Settlement Conference Date: 08/04/2011 10:00

Pre-Trial Conference Date: 01/23/2012 11:00 Ctrm. 3

Ctrm. 3 (JT-10 days) Trial Date: 03/06/2012 9:00

I. Date of Scheduling Conference. November 4, 2010

II. Summary of Pleadings

1. This action arises from the death of Craig Prescott, a severely mentally ill man, in the Stanislaus County Jail on April 13, 2008. Plaintiffs sue for violation of civil rights pursuant to 42 U.S.C. § 1983 and for wrongful death per California statute. Plaintiffs are the wife, mother and six minor children of Decedent. Plaintiffs claim that Decedent's death was caused by the failure of Defendants to provide adequately for his psychiatric needs while in jail and their use of unreasonable force against him while placing him in the safety cell. Decedent died in the jail's safety cell following his forcible extraction from a jail cell by jail deputies who used tasers and clubs on him in a brutal effort to subdue him. Plaintiffs seek compensatory and punitive damages, attorney's fees and costs. All parties have demanded a jury trial.

2. Plaintiffs filed their Complaint against Defendants in this Court on April 6, 2010. This action arises out of the death of Craig Prescott. Plaintiffs, the deceased's widow, mother, and six minor children, contend that Mr. Prescott's death was caused by Defendants. Plaintiffs assert claims for alleged violations of the constitution pursuant to 42 U.S.C. § 1983, as well as state law claims for wrongful death. Plaintiffs seek compensatory damages, punitive damages and fees and costs of suit. Defendants, and each of them, deny these allegations, deny any and all liability, and assert various affirmative defenses. All parties have demanded a jury trial.

III. Orders Re Amendments To Pleadings

1. The parties agree that Plaintiff shall join as yet unidentified parties on or before March 4, 2011.

2. The parties further agree that, following the amendment date, that the DOE Defendants shall be dismissed without prejudice. Further joinder of parties or claims shall be governed by the provisions of Fed. R. Civ. P. Rule 15 and Rule 16.

IV. Factual Summary

A. Admitted Facts Which Are Deemed Proven Without Further Proceedings

1. Plaintiffs are the alleged wife, mother, and six minor children of Decedent and claim standing to pursue this action based on their successor rights under the law of California.

2. At the time of the incident, Plaintiff's Decedent was lawfully detained and in the custody of the County Jail of Stanislaus County.

3. The jail officers who participated in the incident were, at all times, peace officers or correctional officers under the law of the State of California, were employees of the County of Stanislaus, were acting in the course and scope of their employment, and under color of state law.

4. Defendant California Forensic Medical Group, Inc., is a corporation formed and existing under the laws of the State of California.

5. At all times applicable, Defendant CFMG had a contract with the County of Stanislaus to ...


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